Patent fee payment deadline

Patent application: An invention-creation must be filed by the applicant with the competent government department (in China, currently the State Intellectual Property Office of the People's Republic of China) for a patent, and can only be obtained after being reviewed and approved by the State Intellectual Property Office of the People's Republic of China in accordance with legal procedures. patent. In China, inventions and creations currently include three types: inventions, utility models and designs. In the application stage, they are called invention patent application, utility model patent application and design patent application respectively. After being authorized, they are called invention patents, utility model patents and design patents respectively. At this time, the applicant is the patentee of the corresponding patent. What is the deadline for paying patent fees? The editor of Legal Savior Network has compiled relevant knowledge for you, hoping it will be helpful to you.

Patent fee payment deadline

1. The patent application fee payment deadline is two months from the date of application. The fees that need to be paid at the same time include the priority claim fee (requesting priority) and application surcharge, as well as the publication and printing fee for the invention patent application.

(1) Priority claim fee refers to the fee that an applicant needs to pay when requesting foreign priority or domestic priority. The amount of this fee shall be regarded as the right of priority. Basic first-filed calculation.

(2) Application surcharge refers to the fee that needs to be paid when the description (including drawings) of the application document exceeds 30 pages or the number of claims exceeds 10. The amount of this fee is calculated based on the number of pages or items.

(3) Publication and printing fees refer to the fees required for publication of invention patent applications.

If the application fee (including publication printing fee and application surcharge) is not paid or paid in full within the prescribed time limit, the application will be deemed to be withdrawn. If the priority claim fee is not paid or paid in full within the prescribed time limit, it shall be deemed that priority has not been claimed.

2. The payment deadline for the substantive examination fee is within three years from the filing date (or the earliest priority date if there is a priority claim). This fee only applies to invention patent applications.

3. The payment deadline for requesting an extension of time limit is before the expiry date of the original time limit. The fee is calculated based on the length of the extension requested (in months).

4. The payment deadline for the request fee for restoration of rights is when the party concerned receives theWithin two months from the date when the Patent Office confirms the notice of loss of rights (if the party makes a request in accordance with Article 7, Paragraph 2 of the Implementing Regulations of the Patent Law), or within two months from the date when the obstacles are removed, but at the latest within the corresponding period Within two years from the expiration of the time limit (if the party files a request in accordance with Article 7, paragraph 1, of the Implementing Rules of the Patent Law).

5. The reexamination fee must be paid within three months from the date the applicant receives the rejection decision from the Patent Office.

6. Patent registration fees, annual fees for the year of authorization, and application maintenance fees for each year except the year in which the patent right is granted (the invention patent application is granted a patent) Before the patent is granted, the application maintenance fee shall be paid from the third year), and the payment period for the announcement printing fee is within two months from the date when the applicant receives the notice of granting the patent right and completing the registration procedures from the Patent Office.

7. Payment deadline for annual fees and late fees

(1) Annual fees

Except that the annual fee for the year when the patent right is granted shall be paid at the same time as the registration formalities are completed, subsequent annual fees shall be paid in advance within one month before the expiration of the previous year.

The patent year is calculated from the filing date and has nothing to do with the priority date or grant date, nor is it necessarily related to the natural year. For example, the filing date of a patent application is June 1, 1999, the first year of the patent application is from June 1, 1999 to May 31, 2000, and the second year is from June 1, 2000 to May 31, 2001, and so on.

The annual fee for each year shall be paid according to the amount specified in the fee schedule. For example, the filing date of a patent application is June 3, 1997. If the patent application is filed on If the patent right was granted on August 1, 2001 (the date of the announcement of the grant of patent right), and the applicant has paid the fifth-year annual fee when going through the registration procedures, then the patentee shall submit the patent right between May 3 and 6, 2002. The sixth-year annual fee shall be paid according to the sixth-year annual fee standard on March 3.

(2) Late payment fees

The patentee fails to pay the annual fee on time (excluding the grant of patent rights) If the annual fee for the current year is insufficient) or the amount paid is insufficient, you can make a make-up payment within six months from the expiration date of the annual fee. If the make-up payment exceeds the prescribed period but is less than one month, no late payment fee will be paid. If the back payment time exceeds the prescribed time by one month or more, a corresponding amount of late payment fee calculated according to the following calculation method shall be paid:

(1) If the specified period exceeds one month (excluding a whole month) to two months (including two whole months), the payment amount is 5% of the full annual fee.

(2) If the period exceeds the prescribed period by two to three months (including three full months), the payment amount shall be 10% of the full annual fee.

(3) If the period exceeds the prescribed period by three to four months (including four full months), the payment amount shall be 15% of the full annual fee.

(4) If the period exceeds the prescribed period by four to five months (including five full months), the payment amount shall be 20% of the full annual fee.

(5) If the period exceeds the prescribed period by five to six months, the payment amount shall be 25% of the full annual fee.

The late payment fee standard within the late payment fee period shall make up for all annual fees and late payment fees that should be paid. For example, the payment period for annual fee late payment fee 5 is from May 10 to June 10, and the late payment fee is 45 yuan, but the payer only paid 25 yuan. When the payer pays the late fee on June 15, it should pay according to the standard 10 of the late payment period corresponding to the repayment date. The late payment fee during this period is 90 yuan, and an additional 65 yuan should be paid.

If the patent right is terminated due to overdue or insufficient payment of annual fees and/or late fees, during the restoration procedure, in addition to the payment of annual fees, the Pay or make up for a late payment fee of 25% of the full annual fee.

8. Fees for change of description, utility model patent search report fee, request fee for suspension of procedure, request fee for invalidation declaration, request fee for compulsory license and request for compulsory license use ruling The fee payment deadline is within one month from the date of filing the corresponding request.